Regional Report on Citizenship: The Middle East and North Africa (MENA)
Egypt, Israel, Iraq, Lebanon and Morocco. Even in these countries, there is minimal
jurisprudence on nationality cases.70 Although there has been a lot of discussion on this issue71 –
no country in the Gulf has enacted procedural guarantees although deprivation of nationality is
actively practiced in the sub-region.
3.3. Conclusion
The analysis of nationality laws shows several things. The MENA region in general has several
positive developments, notably the universal provision granting nationality to foundlings and the
limited situations of lapse of nationality. There are also some points where opportunities exist
for improvement, specifically removing discrimination and prohibitive criteria in the
naturalisation requirements. Predominantly though, what these trends show that there is still
some substantial discrimination in all laws and in many practices – especially on grounds of
gender, religion, disability and ethnic identity. Furthermore, the criteria of deprivation of
nationality also allow space for abusive power of discretion by authorities in virtually all of the
nationality laws.
4. Final observations
Countries in the Middle East and North Africa have common approaches to the regulation of
acquisition and loss of citizenship and some of the patterns discussed in this paper show the
region to be quite distinct when compared with other regions in the world. The laws we see
today and the trends that were discussed in this report are largely influenced and formed by the
unique circumstances of the last century – from the post-colonial legacy, to the creation of
Israel, pan-Arabism, demographic manipulation and the influence of present-day conflicts and
instability. Different patterns of migration – whether worldwide ingathering of a diaspora to
create the state of Israel or the recruitment of labour migrants that has created the substantive
non-citizen population in Qatar, or the increasing displacement of populations across the region
– all these phenomena mean that there will continue to be discussions on the relationship
between migration and citizenship regulation at the regional level. It is also important to note
when reading this chapter that one of the underlying dynamics seen across all of the sections on
the influences and developments in nationality legislations is the interest of those in power to
sustain their position through the manipulation of the state’s demographic composition and the
instrumental use of nationality policy to that end.
70
One of the best-known analyses of case law relating to nationality in Lebanon is Frontiers Ruwad Association,
Invisible Citizens: Humiliation and a life in the shadows. A legal and policy study on statelessness in Lebanon, 2011.
71
For example, in Kuwait there has been much discussion for many years on whether the court should oversee
nationality cases. Most recently a parliamentary decision that allowed courts to review nationality cases was
overturned in 2017.
RSCAS/GLOBALCIT-Comp. 2017/3- © 2017 Author(s)
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